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Can my mother sue a doctor that did some surgical procedures on my brother without her permission

Beaumont, TX |

She believe the doctors killed him she tried to sue around the time this happened but couldnt because the doctors were working together and was trying to cover up their mess ups my mother have not been the same since this happened she just want to seek justice for the death of her son and don't know how to go about it. This happened in 1989. Please can someone help

Attorney Answers 5

  1. The key question is does she have a valid malpractice claim. What she needs to do is to contact a local medical malpractice attorney. The attorney will need to review all of the records. The problem is, however, the statute of limitations has probable run given that the event happened in 1989.

  2. It's too late. There is no state in the US where you can wait 13+ years to sue for wrongful death.

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  3. No. There are short deadlines to file lawsuits known as statutes of limitations.

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  4. Yes, she can sue. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason and for any amount of money, all without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things.

    It sounds like your mother may have already sued the doctors and lost. If so, any new lawsuit based on the same facts would be barred by the doctrine of res judicata. But even if she has not previously sued them, her claim is barred by limitations. Texas has a strict two-year statute of limitations that applies to health care liability claims.

    Unfortnately, therefore, your mother is at liberty to sue the doctors, but she cannot win.

    I am sorry to be the bearer of the above unhappy news.

    I wish you and your mother good luck.